Illinois General Assembly - Bill Status for HB5492

Amends the Emergency Medical Services (EMS) Systems Act and the Hospital Licensing Act. Requires the Department of Public Health to investigate every allegation of abuse or neglect of a vulnerable adult who is a patient in a freestanding emergency center (FEC) or hospital that is received by the Department. Provides that no administrator, agent, or employee of an FEC or hospital may abuse or neglect a vulnerable adult who is a patient in the facility. Sets forth requirements for reporting allegations of abuse or neglect, including persons required to make such reports. Requires the Department of Public Health to investigate allegations of abuse or neglect of vulnerable adults, and requires FECs and hospitals to conduct internal reviews in connection with such allegations. Requires FECs and hospitals to regularly train employees in detecting and reporting abuse or neglect of vulnerable adults. Prohibits retaliation against a person who lawfully and in good faith reports alleged abuse or neglect.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois; provides that the Department of Public Health may charge a fee to any Freestanding Emergency Center (FEC) licensed under the Emergency Medical Services (EMS) Systems Act or to any hospital licensed under the Hospital Licensing Act to cover the cost of an investigation of allegations of abuse or neglect of a vulnerable adult. In provisions amending the Emergency Medical Services (EMS) Systems Act and the Hospital Licensing Act, provides that upon completing an investigation of an allegation of abuse or neglect of a vulnerable adult, the Department of Public Health shall incorporate its findings into any report it prepares in connection with certifying the FEC or hospital for participation in the Medicare program or in the Medicaid program; provides that this action is in addition to any action the Department may take with respect to the FEC's or hospital's licensure based on those findings. Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

Makes changes in both the Emergency Medical Services (EMS) Systems Act and the Hospital Licensing Act that include the following: (1) changes the definitions of "abuse", "neglect", and "vulnerable adult" and adds definitions of "accidental", "employee", "mental injury", "physical injury", and "sexual abuse"; (2) requires a report of abuse or neglect to the Department of Public Health no later than 4 hours after discovery, and requires a written report within 24 hours; and (3) requires that every FEC and every hospital ensure that all employees are trained within one month of hire in the detection and reporting of abuse and neglect of vulnerable adults and retrained every 2 years thereafter (instead of requiring that they regularly train all employees in the detection and reporting of abuse and neglect of vulnerable adults).

Replaces everything after the enacting clause. Amends the Emergency Medical Services (EMS) Systems Act and the Hospital Licensing Act. Provides that no administrator, agent, or employee of a hospital or a Freestanding Emergency Center (FEC) or a member of its medical staff may abuse a patient in the hospital or FEC, and provides that any hospital or FEC administrator, agent, employee, or medical staff member who has reasonable cause to believe that any patient with whom he or she has direct contact has been subjected to abuse in the hospital or FEC shall promptly report or cause a report to be made to a designated hospital or FEC administrator responsible for providing such reports to the Department of Public Health. Sets forth other provisions concerning protection of hospital and FEC patients from abuse. Under the Hospital Licensing Act, provides that the Department of Public Health shall investigate every allegation of abuse of a patient received by the Department. Provides that if no health care surrogate is available for an alleged victim who lacks decision-making capacity, then the hospital or FEC may contact the Guardianship and Advocacy Commission to determine the need for a temporary guardian of the person.

×